Car abandoned by neighbours!

Skuxx

A house across the road from me was being rented by 5 or 6 people up to a month ago. When they moved out, they left a car behind them in the driveway. I haven't seen it actually driven in close to a year I'd say.
Anyway, the landlord must have been onto them to get it moved because they came back last night and pushed it out onto the road and parked it a few doors up.
It no insurance disk on the window and the tax is expired over 12 months.
I may be jumping the gun here, but I'm afraid it could sit there now indefinitely!
I guess it's no longer the landlords problem. Would this by a matter for the guards or who should I contact if its not moved in the next few days!

endacl

If the number plates somehow disappeared and it was reported to the corporation, it’d probably be removed.

I imagine.

Doctors room ghost

If you pull the plates off it and roll all the windows down the council will bring it.
Either that or load it onto a trailer and bring it in for scrap metal.you get 70 quid for it on the scales

An untaxed car on a public road is certainly an issue for the Gardai. Every other day they post on Twitter how they take cars off people because they have no tax or insurance. Whether it's being driven on a public road or parked on a public road, the Gardai should be towing it.

bazz26

Guards won't care. Council won't care either unless the number plates happen to blow off from a gust of wind.

bazz26

bazz26 wrote: »

Guards won't care. Council won't care either unless the number plates happen to blow off from a gust of wind.

Depends on how you report it to the Gardai.....

hoodie6029

You can just report it as abandoned to the council. No need to start pulling plates off. They'll tow it.

There was a couple of threads over in the Property forum recently about tenants leaving cars behind. A few posters advocated pushing the car into the street and making it the Council's problem. Wonder is this the result of those posts..…

Infernal Racket

[Deleted User] wrote: »

An untaxed car on a public road is certainly an issue for the Gardai. Every other day they post on Twitter how they take cars off people because they have no tax or insurance. Whether it's being driven on a public road or parked on a public road, the Gardai should be towing it.

Guards can't tow it unless it's causing an obstruction. Disappearing number plates is the only solution

easygoing39

What kind of vehicle is it??

elgicko

Depends where it is. If it is in Dublin city, fill this in

https://dcciservices.dublincity.ie/OA_HTML/iburcr01.jsp?jttst0=1527_50579%2C50579%2C-1%2C0%2C&ibudnr=15&jtfm0=_0_0_-1_-1_f_nv_&ibucr=4dP9NcRo&etfm1=&ibudf=DD-MON-RRRR&kmcp=0gK2EcRo&jfn=ZGD831A3B8EA86DD2533EAC5A8F2239793AD5A5F5FC0A58DD4441C320BE0DB385DBB1A4B34B14A5E910833AF8EA67C70FCBD&oas=ro7ZE-01YK0ks_nepaYTNg..

The council will put a sign on it, if not moved in a couple of weeks, the council remove it and charge the last registered owner for pleasure

grogi

Infernal Racket wrote: »

Guards can't tow it unless it's causing an obstruction. Disappearing number plates is the only solution

If the car is parked in public space without tax, they can tow it.

starbaby2003

Infernal Racket wrote: »

Guards can't tow it unless it's causing an obstruction. Disappearing number plates is the only solution

That’s not true. Our council will tow them, number plates and all ... https://www.dlrcoco.ie/en/environment/litter-control-cleansing/vehicle-removal-abandoned-vehicles

Fann Linn

The council is more likely to react if the plates are actually left ON the car. A section 71 notice under the Waste Mgt Act can be served on the most recent registered owner. That's in addition to any 'no tax' fines which could be issued depending on if any parking bye laws are in place. If the council don't actually employ traffic wardens for traffic enforcement then ring the gardai also.

Finally, if the OP actually did witness the scumbag landlord push the car onto the road they could also 'man up' and make a statement to the gardai or council.

Skuxx

Fann Linn wrote: »

Finally, if the OP actually did witness the scumbag landlord push the car onto the road they could also 'man up' and make a statement to the gardai or council.

I never mentioned that it was a scumbag landlord who pushed it out into the road.
It was the tenants who were renting the house.
I'll give it a week to see if they get it moved again and take it from there!

kdevitt

Infernal Racket wrote: »

Guards can't tow it unless it's causing an obstruction. Disappearing number plates is the only solution

Always thought that was true, but its not. New tenants moved into our road about a month back and stuck a crashed heap of ****e outside on the road. Gardai arrived last week and had it towed.

Pkiernan

I see landlord hatred has made it to the Motors Forum

Fann Linn

Skuxx wrote: »

I never mentioned that it was a scumbag landlord who pushed it out into the road.
It was the tenants who were renting the house.
I'll give it a week to see if they get it moved again and take it from there!

Apologies. Scumbag tenants. Btw did ye ever see them leaving bins out, because more than likely a back garden full of waste is probably there also.

Vic_08

italodisco wrote: »

Imagine some awful swine came alone, hood up and face covered, stuffed the exhaust with lighter fluid soaked rag and set it alight, and then the council had to take it away...... Wouldn't that be awful.....
Lol

A raging car fire anywhere near my house or car (or anybody else's for that matter) would be awful, yes.

Infernal Racket

kdevitt wrote: »

Always thought that was true, but its not. New tenants moved into our road about a month back and stuck a crashed heap of ****e outside on the road. Gardai arrived last week and had it towed.

They may have but they were wrong. They can only seize a car under Section 41 of the road traffic act of its being driven in a public place.

Infernal Racket

grogi wrote: »

If the car is parked in public space without tax, they can tow it.

No they cant. The car has to be driven in a public place, not parked.

RobbieMD

Infernal Racket wrote: »

They may have but they were wrong. They can only seize a car under Section 41 of the road traffic act of its being driven in a public place.

Not correct. It can be seized under section 41 of the 1994 act for being used in a public place without tax etc.
The term “use” includes “park” in the interpretations section of the act.
Section 97 of the 1961 act allows them to seize an abandoned vehicle also.

kdevitt

Infernal Racket wrote: »

No they cant. The car has to be driven in a public place, not parked.

The act says its in use in a public place, and parking on the road would fulfil that.

1961 act is pretty clear on it.

Where a vehicle is left on a public road in such a position as to cause or to be likely to cause danger or obstruction to traffic or is abandoned on a public road, a member of the Garda Síochána may himself remove the vehicle or cause any other person to remove it and may arrange for the storage of the vehicle.

Infernal Racket

RobbieMD wrote: »

Not correct. It can be seized under section 41 of the 1994 act for being used in a public place without tax etc.
The term “use” includes “park” in the interpretations section of the act.
Section 97 of the 1961 act allows them to seize an abandoned vehicle also.

Section 41 clearly states that there must be a driver of the vehicle. Simple as that, no other way around it no matter what you might think or how you interpret the Act. They can seize for being abandoned and causing obstruction no problem but Guards simply cannot seize a car if it's parked up in a public place with no tax.

Infernal Racket

kdevitt wrote: »

The act says its in use in a public place, and parking on the road would fulfil that.

1961 act is pretty clear on it.

Parking does not constitute use. For Section 41 to be used there must be a driver. It's always been this way and any guard who takes a car for no tax whilst it's parked up is wrong. There is no law to cover it. Abandoned cars causing obstruction is a different matter altogether

kdevitt

Infernal Racket wrote: »

Parking does not constitute use. For Section 41 to be used there must be a driver. It's always been this way and any guard who takes a car for no tax whilst it's parked up is wrong. There is no law to cover it. Abandoned cars causing obstruction is a different matter altogether

Seriously, give it up, the law has been quoted right in front of you

The car in the OP's thread is clearly abandoned - what else is an uninsured, untaxed car with no NCT. Different story if the tax is out by a week and the car is insured.

Infernal Racket

kdevitt wrote: »

Seriously, give it up, the law has been quoted right in front of you

The car in the OP's thread is clearly abandoned - what else is an uninsured, untaxed car with no NCT. Different story if the tax is out by a week and the car is insured.

You should give the Guards a buzz and tell them about the abandoned car, they will give you the exact same answers as I have given above. The law quoted above does not entitle the Guards to tow a car which is parked up just because there is no tax on it. I don't know how to be any clearer. The council is the ops best net for removal.

Infernal Racket

kdevitt wrote: »

Seriously, give it up, the law has been quoted right in front of you

The car in the OP's thread is clearly abandoned - what else is an uninsured, untaxed car with no NCT. Different story if the tax is out by a week and the car is insured.

You should give the Guards a buzz and tell them about the abandoned car, they will give you the exact same answers as I have given above. The law quoted above does not entitle the Guards to tow a car which is parked up just because there is no tax on it. I don't know how to be any clearer. The council is the ops best net for removal.

The poor lad probably couldn't afford to keep it on the road because the scumbag landlord was charging so much rent.

un5byh7sqpd2x0

A lot of scumbags in this thread, and none of them were ever near the house or car in question.

kdevitt

Infernal Racket wrote: »

You should give the Guards a buzz and tell them about the abandoned car, they will give you the exact same answers as I have given above. The law quoted above does not entitle the Guards to tow a car which is parked up just because there is no tax on it. I don't know how to be any clearer. The council is the ops best net for removal.

We did phone them, well my neighbour did, and they were out that evening and had it towed by Gannons.

Eitherway, you're being very selective here in what you're quoting. If the car is abandoned, they can tow it, end of. If its simply untaxed, they won't.

RobbieMD

Infernal Racket wrote: »

Parking does not constitute use. For Section 41 to be used there must be a driver. It's always been this way and any guard who takes a car for no tax whilst it's parked up is wrong. There is no law to cover it. Abandoned cars causing obstruction is a different matter altogether

Parking does indeed constitute use. It’s defined in the 1961 act. It does not require a driver as you stated.

Here’s the definition of use in the act, under Section 3 interpretations.

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

Infernal Racket

RobbieMD wrote: »

Parking does indeed constitute use. It’s defined in the 1961 act. It does not require a driver as you stated.

Here’s the definition of use in the act, under Section 3 interpretations.

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

Indeed it does in relation to parking tickets etc. Does not give powers to Guards to tow a car with no tax though

Infernal Racket

kdevitt wrote: »

We did phone them, well my neighbour did, and they were out that evening and had it towed by Gannons.

Eitherway, you're being very selective here in what you're quoting. If the car is abandoned, they can tow it, end of. If its simply untaxed, they won't.

I'm not being selective at all. Read Section 41(1)(a) of the 94 act. It doesn't get any clearer than that no matter how much you argue your point.

RobbieMD

Infernal Racket wrote: »

Indeed it does in relation to parking tickets etc. Does not give powers to Guards to tow a car with no tax though

The word “use” is not confined to parking tickets only. I don’t know where you’re getting that from. I’ve given the act’s definition for “use”. That is not my interpretation. It’s stated in the act clearly.

Vehicles can be seized under section 41 for more than just tax. Various amendments and statutory instruments have been made since 1994.

28064212

Infernal Racket wrote: »

Section 41 clearly states that there must be a driver of the vehicle.

It doesn't. Section 41 (1) sub-section (a) requires that there be a driver. The other sub-sections do not have that requirement: http://revisedacts.lawreform.ie/eli/1994/act/7/section/41/revised/en/html

Infernal Racket

RobbieMD wrote: »

The word “use” is not confined to parking tickets only. I don’t know where you’re getting that from. I’ve given the act’s definition for “use”. That is not my interpretation. It’s stated in the act clearly.

Vehicles can be seized under section 41 for more than just tax. Various amendments and statutory instruments have been made since 1994.

They can be seized for having no valid tax after 2 months and no insurance under Section 41 but there must be a driver is all I'm saying. Do you believe that a guard walking down the street who sees a car who's tax disc is out more than 2 months can just have the car towed?? They can't and if they do they are wrong

RobbieMD

Infernal Racket wrote: »

They can be seized for having no valid tax after 2 months and no insurance under Section 41 but there must be a driver is all I'm saying. Do you believe that a guard walking down the street who sees a car who's tax disc is out more than 2 months can just have the car towed?? They can't and if they do they are wrong

It’s been amended to also cover no CVRT and NCT. Yes if a vehicle is in contravention of the act then it’s liable to being seized. Generally Gardaí don’t seize it unless it’s being driven but if they seized it without a driver then that’s perfectly legal. A statutory instrument was signed into force in 2011 and the facility disposing of the vehicle must notify the registered owner prior to its disposal. It won’t be crushed without the owner knowing about it

Infernal Racket

RobbieMD wrote: »

It’s been amended to also cover no CVRT and NCT. Yes if a vehicle is in contravention of the act then it’s liable to being seized. Generally Gardaí don’t seize it unless it’s being driven but if they seized it without a driver then that’s perfectly legal. A statutory instrument was signed into force in 2011 and the facility disposing of the vehicle must notify the registered owner prior to its disposal. It won’t be crushed without the owner knowing about it

They can't seize for NCT anymore, problems with the legislation.